KAMAL NAIN Vs. POOJA RANI

JUDGEMENT

(1.) Husband-appellant remained unsuccessful in his endeavour to seek annulment of marriage under Sec. 12(i)(c) of the Hindu Marriage Act. 1955 (hereinafter referred to as 'the Act') before the trial Court.

(2.) Appellant submitted that his marriage was solemnized with respondent-Pooja Rani on 28.04.2007 according to Hindu rites and ceremonies, but the marriage could not be consummated on account of physical deformity and infection in the private parts of the respondent-wife. Appellant alleged that the physical deformity was of such type that even the wife was ashamed of disclosing it. She had no interest in physical relations with the appellant. Appellant further alleged that a fraud was played with him by concealing physical deformity and infection in the private parts of the respondent and he was misled to marry her. Therefore, he prayed that marriage be declared null and void under Sec. 12 of the Act.

(3.) Appellant pleaded that the respondent and her parents filed false and frivolous complaints against him and his family members under Sections 406, 498-A Penal Code and under the provisions of Dowry Act. Respondent also filed complaint before the Sr. Supdt. of Police, Barnala which was inquired into and dismissed by the Police.